Husband admits to providing drugs in wife’s fatal overdose

By Tom Rivers, Editor Posted 26 November 2018 at 1:57 pm

ALBION – An Albion man admitted in Orleans County Court today to providing drugs in his wife’s fatal overdose on Dec. 18, 2017.

Kevin J. McMullen, 32, of West Lee Road pleaded guilty to attempted criminally neglect homicide and could face up to a year in the Orleans County Jail when he is sentenced on Feb. 7. The crime is a level A misdemeanor.

McMullen said in court that he took his wife, Megan, to Rochester on Dec. 18 to purchase what they believed was heroin. When they brought the drug, the seller warned them it was a strong drug.

It was actually fentanyl, a synthetic opioid that is often added to heroin to make it more potent.

The two McMullens each injected the drug along a street on the way home. Mrs. McMullen overdosed in the vehicle and her husband was able to revive her with rescue breaths.

They made it home to Albion and injected the fentanyl again. Mrs. McMullen again overdosed and was revived by her husband.

The two took the drug again in their bedroom. Mr. McMullen fell asleep and woke up to find his wife was deceased and could not be revived.

District Attorney Joe Cardone said McMullen failed to get medical assistance for Megan and provided her with a drug despite the warning of its danger, especially after she overdosed the first time.

McMullen could have called for medical assistance without fear of arrest for an overdose because of the Good Samaritan Law, Cardone said in court.

“Were you involved in the activities that led to your wife’s death?” County Court Judge Sanford Church asked McMullen in court.

“Yes, your honor,” he responded.

“Did it involved controlled substances?” Church asked.

“Yes, your honor,” McMullen responded.

“Were you around when she ingested controlled substances?” Church asked.

“Yes, your honor,” McMullen said.

The judge asked McMullen if he took out the drugs and made them available for his wife, even after observing the harmful effect the first two times.

“Yes, your honor,” he said.

McMullen was arrested on Sept. 3 following a nearly nine-month investigation by the Albion Police Department.

Return to top